Case Note & Summary
The case involved a criminal appeal by the State of Maharashtra concerning the rights of the accused to cross-examine an accomplice who had been granted a conditional pardon under the Code of Criminal Procedure, 1973. The accomplice, Riyaz Ahmed Siddique, had initially been pardoned to testify against the accused in the murder case of Pradeep Jain. However, after he failed to comply with the conditions of the pardon, the Special Public Prosecutor issued a certificate withdrawing the pardon. The Designated Court allowed the defense to cross-examine Siddique, which the State contested. The Supreme Court analyzed the provisions of Sections 306, 307, and 308 of the Cr.P.C., concluding that once the pardon was forfeited, Siddique reverted to the status of an accused, and his prior testimony could not be used against the co-accused. The court emphasized that the right to cross-examine is contingent upon the witness's status, and since Siddique was no longer a prosecution witness, the defense's request was unjustified. The appeal was allowed, and the order permitting cross-examination was set aside.
Headnote
A) Criminal Procedure - Cross Examination Rights - Accused's Right to Cross Examine Accomplice - Code of Criminal Procedure, 1973, Sections 306, 307, 308 - The court held that once an accomplice's pardon is forfeited, he reverts to the status of an accused and his evidence cannot be used against co-accused, thus denying the right to cross-examine him is justified (Paras 24-24).
Issue of Consideration
Whether the accused has a right to cross examine an accomplice whose pardon was withdrawn.
Final Decision
The Supreme Court allowed the appeal by the State of Maharashtra, ruling that the Designated Court erred in permitting the defense to cross-examine the accomplice after the withdrawal of his pardon. The court clarified that the accomplice, once the pardon was forfeited, reverted to the status of an accused, and his evidence could not be used against the co-accused.
Law Points
- Cross examination rights
- tender of pardon
- accomplice testimony
- withdrawal of pardon
- statutory rights of accused
